Atlanta Medical Malpractice Lawyer
Medical Malpractice & Negligence Attorneys in Atlanta, GA
We trust doctors, nurses, pharmacists, and other healthcare workers with our most precious possession: our health and well-being. While an overwhelming majority strive to provide the best possible care to heal you when you are sick or injured, mistakes caused by negligence are increasingly common.
When a healthcare provider’s negligence or failure to provide the proper care causes an injury or additional suffering, you are entitled to compensation. At The Fitzpatrick Firm, our medical malpractice attorney is unafraid to hold those responsible for your suffering accountable, and we are dedicated to helping you get the settlement you deserve.
Understanding Medical Malpractice in Atlanta
Medical malpractice is an incredibly complicated area of personal injury law and navigating this area requires a great deal of experience and knowledge.
In Georgia, four key elements must be present in order for a court to determine if a medical malpractice case occurred:
Duty
The healthcare professional or provider was charged with caring for you or seeing your medical needs. For example, your primary care physician, a nurse assigned to care for you during a visit to the emergency room, or a pharmacist filling your prescription all have a duty to provide you with a standard of care.
Dereliction of Duty
Malpractice occurs when a healthcare professional is derelict in their duty to provide you with a standard of care that is the same level as other healthcare providers out in the field and aligns with recognized medical standards. Common examples include:
-Injuries during childbirth
-Failure to diagnose
-Misdiagnosis
-Lack of follow-up care
-Prescription errors
-Surgical errors
-Unnecessary surgery
-Release from care too soon
-Failing to take the patient’s medical history
-Disregarding patient information
Damages
Once a dereliction of duty occurs, a serious illness, wrongful death, or injury must result. If a healthcare provider acted with negligence, but you didn’t suffer long-term effects or severe complications, this would not be considered medical malpractice. Damages include:
-Inability to work
-Long term disability
-Chronic pain
-Emotional distress
-Significant medical costs
-Ongoing care and treatment
Direct Cause
Finally, it must be proven that the ill effects or injuries suffered were directly attributed to the dereliction of duty.
These four criteria must be met in order to receive damages, a monetary award, for your injury.
Why Choose Our Experienced Medical Malpractice Attorneys?
Medical Malpractice Attorney Nathan Fitzpatrick
Testimonials from Atlanta Medical Malpractice Victims
Choosing the Right Medical Malpractice Attorney for Your Case
Determining and proving medical malpractice can be incredibly challenging and expensive. Insurance companies handling medical malpractice claims on behalf of the doctor or hospital are aggressive in the defense of their clients in order to prevent paying out settlements. Making it even more challenging, a medical malpractice lawsuit in Atlanta cannot move forward without an affidavit from a physician attached to the complaint. You’ll need a qualified, aggressive medical malpractice attorney working on your side before your case can even go to trial.
Experience and Specialization in Medical Malpractice Cases:
Not all personal injury lawyers have the specific experience needed to handle medical malpractice cases. Look for experienced medical malpractice attorneys or firm that specializes in this area and has a proven track record of successfully litigating similar cases. They should understand the nuances of medical malpractice law, including the need for expert medical testimonies and the complexities of proving negligence or deviation from standard care.
Access to Medical Experts:
Medical malpractice cases heavily rely on expert testimony to establish that a healthcare provider’s actions deviated from accepted medical standards. A good atlanta medical malpractice attorney should have established relationships with reputable medical experts who can provide credible testimonies to support your case. Without this critical component, it can be challenging to prove that negligence occurred.
Thorough Understanding of Medical Records and Procedures:
The medical malpractice attorney you choose should not only be familiar with legal statutes but also have a solid understanding of medical procedures, terminology, and records. This knowledge is essential in identifying inconsistencies or errors that may point to malpractice. An attorney who can navigate complex medical records efficiently will be more adept at building a strong case on your behalf.
Willingness to Go to Trial:
Insurance companies representing healthcare providers are often unwilling to settle medical malpractice claims for a fair amount. They have extensive resources and aggressive defense strategies to protect their clients. Finding medical malpractice lawyers who are not only willing but prepared to take your case to trial is crucial. They should have a reputation for being formidable in court, as this can often lead to better settlement offers.
Transparent Communication and Compassion:
Medical malpractice cases can be emotionally and physically draining for victims and their families. An attorney who is empathetic, listens to your concerns, and communicates clearly about the progress and possible outcomes of your case is invaluable. Your medical malpractice lawyers should be straightforward about the challenges ahead and provide realistic expectations without overpromising.
Track Record of Success in Medical Malpractice Cases:
Look for an attorney or firm with a history of securing substantial settlements or verdicts in medical malpractice cases. This track record can indicate their competence and ability to navigate the legal complexities of these cases. Review testimonials, case results, and any publicized awards to gauge their expertise.
Adequate Resources and Support Team:
Medical malpractice cases often require significant time, money, and resources to build and pursue effectively. A good law firm will have the financial stability, experienced support staff, and necessary resources to investigate your claim thoroughly, obtain expert witnesses, and manage the case through lengthy litigation if needed.
At The Fitzpatrick Firm, we have a team of experienced medical malpractice lawyers who can help you understand your case and determine how much it’s worth. Just as important, we aren’t afraid to take your case in front of a jury because we work with medical experts who can provide insight into your medical records, and help us hold negligent providers accountable for your pain and suffering. We have a dedicated team with the resources to fight on your behalf and secure maximum recovery for your case.
Medical Malpractice Lawyer Page FAQs
How do I know if a bad medical outcome may be malpractice?
A poor outcome by itself does not always mean malpractice happened. A medical malpractice claim usually requires proof that a healthcare provider failed to meet the accepted standard of care and that this failure caused real harm. That is why medical records and expert review are so important in these cases.
If you suspect you may have a medical malpractice claim but are unsure, it’s best to schedule a free consultation with an attorney at The Fitzpatrick Firm so we can review the facts of your case.
Is medical malpractice the same as medical negligence?
Medical negligence and medical malpractice are closely related, but they are not exactly the same.
Medical negligence can describe a provider’s careless action or missed step, such as:
- Failing to review abnormal test results
- Giving the wrong dosage
- Sending a patient home without addressing serious symptoms
Medical malpractice is the legal claim that may exist when negligence causes harm, such as:
- Delayed diagnosis
- Worsened condition
- Avoidable surgery
- Long-term injury
In Georgia, medical malpractice complaints generally need expert support to identify at least one negligent act or omission. A personal injury attorney will usually review the records to determine whether the facts may support a case.
Why are medical malpractice cases harder to prove than other injury cases?
Medical malpractice cases often require a detailed review of medical records, expert testimony, and proof that the provider’s actions fell below the standard of care. Georgia medical malpractice lawsuits cannot move forward without an expert affidavit attached to the complaint, sometimes making it harder to file quickly without first obtaining the records, reviewing the treatment timeline, and having a qualified medical professional identify where the care may have fallen below the standard.
How long do I have to file a medical malpractice lawsuit in Georgia?
Georgia law generally requires a medical malpractice action to be brought within two years after the injury or wrongful death claim arising from the negligent act. Georgia also has a five-year statute of repose, which can bar claims after five years from the negligent act or omission, even in some delayed-discovery situations.
Can I sue a hospital, or only the doctor?
It depends on the facts around your claim. A medical malpractice claim may involve a doctor, nurse, hospital, clinic, pharmacist, technician, or another healthcare provider. In some cases, a hospital may be responsible for its own policies, staffing, supervision, or employee conduct.
What records should I gather before calling a medical malpractice lawyer?
Useful records to bring to your initial consultation with a medical malpractice attorney include:
- Discharge papers
- Test results
- Prescription records
- Referral notes
- Imaging reports
- Appointment summaries
- Hospital bills
- Names of all providers involved
If you do not have everything, that should not stop you from meeting with an attorney. At The Fitzpatrick Firm, we can help determine what records need to be requested to support your personal injury claim.
What if another doctor told me the first doctor made a mistake?
That may be important, but it does not automatically prove malpractice. The next step is usually to review the records and determine whether the first provider’s care fell below the accepted standard. A qualified expert may need to explain what should have been done differently and how the mistake caused harm.
Can medical malpractice include failure to diagnose cancer, stroke, infection, or heart problems?
Yes, a failure to diagnose or delayed diagnosis may support a claim when a provider missed signs that a reasonably careful provider should have recognized. These cases often focus on symptoms, test results, follow-up instructions, and whether earlier treatment would likely have changed the outcome.
Your Medical Malpractice Lawyer Works for You
Your medical malpractice lawyer must engage in extensive training just to begin practice. Your experienced medical malpractice lawyer has a vested interest in applying all due diligence to your situation. He or she can probably quickly establish whether you have a real case or not. Once that is determined, your lawyer will work conscientiously on your behalf. The money will not compensate for the loss of physical proficiency or loss of life, but it can help fill in the financial hardships that can be incurred. For some types of cases, these can be considerable.
They can include not only the added expenses incurred because of the malpractice, and future medical expenses, but can also include loss of income, and even monetary compensation for emotional anguish. Your medical malpractice lawyer will be able to guide you through the correct responses to receive the just amount of compensation for your circumstance.
Malpractice Lawyer on the Job
Once established a law firm, the lawyer will work diligently on behalf of patients who have to believe they have been misdiagnosed, incorrectly treated, or have sustained an injury from a medical procedure. They work with medical experts, take depositions from qualified experts, gather and analyze medical reports concerning cases, help with setting up independent medical examinations, do medical research related to the patient’s condition, and work with legal nurse consultants to analyze the available material pertaining to a case.
Malpractice lawyers are often paid on a contingency fee, which is a percentage of the fee awarded to you.
Schedule a Free Consultation with Atlanta Medical Malpractice Lawyers Today
If you or a loved one are in need of consultation in regards to serious personal injury or a potential medical malpractice claim, please contact The Fitzpatrick Firm at (678) 607-5550 or fill out the form below and one of our experienced Atlanta Medical Malpractice attorneys will call you immediately.